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Request for an advisory opinion as to whether Jimmie Husser, the current Treasurer for the Loranger Volunteer Fire Department, may continue to conduct business with the Fire Department through his business Husser's City Glass. |
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Mr. Husser is the owner of Husser's City Glass in Amite, LA, which is an authorized inspection station. He has also been a volunteer fireman with the Loranger Volunteer Fire Department for thirty-eight years, where he currently responds to emergency calls and serves as Treasurer for the Department. He would like to know whether he is permitted to handle the vehicle inspections on all the trucks for the Department through his business. The scope of the business will consist of: Department's 6-7 trucks that require a CDL at a cost of $30.00, 6-7 regular stickers at a cost of $10.00, and a charge of $50.00 for a service call to go to each station and fully inspect all trucks.
Mr. Husser stated in a follow-up correspondence that his wife is in charge of bookkeeping at the Loranger Volunteer Fire Department where her duties include keeping track of accounts payable and accounts received as well as payroll for members of the fire department that are compensated. As bookkeeper, his wife receives an income as a 1099, contract employee with the Loranger Volunteer Fire Department. She did not receive such income the first ten years of her service, however, she has received the income over the past fifteen years.
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Section 1113 of the Code prohibits a public servant or a legal entity in which the public servant has a controlling interest from bidding on, contracting, subcontracting or entering into any other transaction that is under the supervision of the public servant's agency.
Section 1123(35) provides an exception which allows a volunteer fireman or a legal entity in which he has an interest to bid on or enter into a contract, subcontract, or other transaction under the supervision or jurisdiction of his agency, provided that the volunteer fireman receives no compensation or any thing of economic value for his services as a volunteer fireman, that he is not an agency head, and that he does not participate on behalf of his agency in any capacity regarding such contract.
Section 1111C(2)(d) of the Code prohibits a public servant, a public servant's spouse, or a legal entity of which the public servant or public servant's spouse exercises control or owns an interest greater than 25% from receiving anything of economic value from a prohibited source. A prohibited source includes a person who has or is seeking a contractual, financial or business relationship with the public employee's agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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